PARMA NAND GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE are two cross -appeals arising from the order dated 17.7.2002 passed by the District Forum. The appellant Shri Parmanand Gupta is aggrieved of the amount of Rs. 20,000/ - awarded as compensation on account of deficiency on the part of the respondent inasmuch as that the application for admission in the Jawaharlal Institute of Postgraduate Medical Education and Research, Pondicherry despatched through Speed Post on 17.5.2000 was delivered on 23.5.2000 whereas the last date of receipt of application was 20.5.2000. According to the appellant the amount of compensation is on much lower side as he has suffered immense mental agony and his child has lost a year. On the contrary the respondent has challenged the finding of the District Forum holding it guilty for deficiency in service.

(2.) THERE is no dispute that the appellant Parmanand Gupta hired services of the respondent for consideration for delivery of the application form at the aforesaid institute through Speed Post by paying Rs. 45/ -. There is also no dispute that the said application was delivered on 23.5.2000. It was in the knowledge of the appellant only as to what was the last date of receipt of application. According to the appellant the application in ordinary course should have reached Pondicherry by 20.5.2000 as any article booked through Speed Post takes maximum three days.

(3.) THE District Forum has also accepted this plea with the observation that the letter sent on 17.5.2000 should not have been more than three days to reach Pondicherry whereas it was received on the 6th day and for this deficiency has penalised the respondent -Post Master to the extent of Rs. 20,000/ -.